MOSLEMA BEGUM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The case of the petitioners as made out in the writ petition is that for contesting the panchayat general elections, 2023 in Bhagabanpur gram panchayat in Bhangore-II block, Dist. ' South 24 Parganas they filed their nomination papers as candidates nominated by the Communist Party of India (Marxist). Their nomination papers were scrutinised and their names appeared as validly nominated candidates in the official website of the West Bengal State Election Commission, hereinafter referred to as 'the Commission', till 19/6/2023. Without assigning any reason their names were deleted from the list of selected candidates. In view of deletion of their names the petitioners will not be able to contest the elections. The petitioners are aggrieved by the same.

(2.) The petitioners submit that immediately after publication of the notification declaring the dates of the election process by the Commission, huge spread violence broke out in the area in question and the ruling political party assaulted and terrorised the government officers and prevented them from distributing the nomination papers to the prospective candidates. The police remained a mute bystander and did not take any step to arrest the violence. Non-action on the part of the police to curb the unrest resulted in flaring up the agitation causing death of three persons in Bhangore. The situation became politically aggravated to such an extent that the Hon'ble Governor had to visit the affected areas to take note of the ground realities. According to the petitioners, the members and supporters of the ruling political party, with the aid and assistance of the police and the State administration, openly prevented the members of the opposition from filing their nomination.

(3.) After overcoming a lot of hurdles the petitioners were ultimately able to enter the nomination centres within the prescribed time period and also filed their nomination on the very last date. 15/6/2023 being the last date for filing the nominations there was a huge queue at the nomination centre. The Returning Officer verified the documents submitted at the time of filing the nomination. The said process of verification of documents consumed some time and by the time the nomination papers were actually accepted by the Returning Officer, it was well past 3 p.m. As the Presenting Officer personally witnessed the ruckus at the time of filing the nomination papers, the said officer accepted the nominations without raising any objection despite the prescribed time limit being over. On the date of scrutiny, the nomination papers were duly scrutinized and on being satisfied that the nomination papers of the petitioners were correctly filed, the names of the petitioners were included in the list of validly nominated candidates and published in the official website of the Commission on 16/6/2023. The petitioners were personally present at the time of scrutiny of their nomination papers on 17/6/2023 and recorded their presence by affixing their signatures at the time of scrutiny. The Returning Officer never raised any objection during the time of scrutiny as regards the late filing of the nomination papers.